Cancellation/Termination. Buyer reserves the right, at any time and from time to time without fault or default by Seller or other cause, to cancel all of any part of the undelivered portion of this Agreement by notice to Seller. In the event of such cancellation, Buyer shall not be liable to Seller for loss of revenue, consequential, indirect, incidental, special, exemplary or punitive damages, lost profits,, or diminution in value, arising out of this Agreement, whether or not the possibility of such loss or damages have been disclosed from Seller to Buyer or whether such loss or damages were reasonably foreseeable. The provisions of this paragraph shall not limit or affect Buyer’s right to terminate the Agreement for fault or default by Seller. Except as stated herein nothing in this Agreement shall exclude or limit the liability of either Party.
Appears in 8 contracts
Samples: Purchase Agreement, Purchase Agreement, Terms and Conditions
Cancellation/Termination. Buyer reserves the right, at any time and from time to time without fault or default by Seller or other cause, to cancel all of any part of the undelivered portion of this Agreement by notice to Seller. In the event of such cancellation, Buyer shall not be liable to Seller for loss of revenue, consequential, indirect, incidental, special, exemplary or punitive damages, lost profits,, or diminution in value, arising out of this AgreementthisAgreement, whether or not the possibility of such loss or damages have been disclosed beendisclosed from Seller to Buyer or whether such loss or damages were reasonably foreseeable. The provisions of this paragraph shall not limit or affect BuyerXxxxx’s right to terminate the Agreement for fault or default by Seller. .Except as stated herein nothing in this Agreement shall exclude or limit the liability of either Party.
Appears in 5 contracts
Samples: Purchase Agreement, Purchase Agreement, Purchase Agreement
